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PLAVEC v. BURCH

No. 6929.

310 F.2d 337 (1962)

George W. PLAVEC, Appellant, v. W. A. BURCH and Milne Truck Lines, Inc., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 5, 1962.

Attorney(s) appearing for the Case

Charles W. Singer, Washington, D. C. (Donald C. McKinlay and Joseph W. Morrisey, Jr., Denver, Colo., with him on brief), for appellant.

Herbert M. Boyle, Denver, Colo. for appellee W. A. Burch.

Warren L. Tomlinson and Gordon G. Greiner, Denver, Colo. (of Holland & Hart, Denver, Colo.) and Wood R. Worsley, Salt Lake City, Utah (of Skeen, Worsley, Snow & Christensen, Salt Lake City, Utah) on brief for appellee Milne Truck Lines, Inc.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a summary judgment decreeing specific performance of an option-to-purchase contract. See: Burch v. Milne Truck Lines, Inc., D.C. 199 F.Supp. 575 (1961). Factual details and chronology are important to an understanding of the question presented.

Appellee Burch had a contract with Milne Truck Lines, Inc., to operate a portion of its interstate trucking permit. Milne was given the...

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